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The Canadian Press via AP, file
Ahmed Ressam in an undated police photo. Ressam's 22-year sentence for plotting to bomb the Los Angeles airport has been rjected twice by a higher court.
Updated at 3:30 p.m. ET: For the second time, a federal appeals court has overturned a prison sentence for Ahmed Ressam, the "Millennium Bomber," ruling Monday that the 22-year sentence he received isn't long enough.
The final sentence for Ressam, 44 — who was convicted in 2000 of trying to bomb Los Angeles International Airport on New Year's Eve 1999 in a plot that also was to involve an attack on the Space Needle in Seattle — has been the focus of a standoff between U.S. District Court in Seattle and the 9th U.S. Circuit Court of Appeals in San Francisco.
 M. Alex Johnson is a reporter for msnbc.com. Follow him on Twitter and Facebook. |
Ressam's original sentencing was delayed until 2005 while he provided information on terrorist activities to federal authorities. In 2005, District Judge John Coughenour, accusing the federal government of overreaching in its "war on terrorism," sentenced Ressam to 22 years in prison — about a third of the sentence called for in federal guidelines.
In February 2010, a three-judge panel of the appeals court ruled that Coughenour's sentence was too lenient, sending it back to district court with orders that a different judge apply the federal guidelines, which would result in a sentence of 65 years.
But the district court reaffirmed Coughenour's original sentence of 22 years. The tit-for-tat ruling Monday was by the full appeals court, which voted 7-4 to send the case back yet again.
The appeals court acknowledged that its order was unusual, saying Coughenour had wide discretion in passing sentence because of Ressam's cooperation with the U.S. government. But that "does not mean anything goes," appeals Judge Richard R. Clifton wrote Monday in declaring the sentence "substantively unreasonable."
Read the full appeals court ruling (.pdf)
In a dissent, appeals Judge Mary M. Schroeder noted that the federal government has never argued that Coughenour committed any procedural error. In fact, she wrote, it initially asked for a sentence of only 35 years because of Ressam's cooperation and conceded in court that it would accept a sentence of as little as 30 years.
"The 22-year sentence imposed was thus well within the range of alternatives proposed to the district court," Schoeder contended.
Ressam remains in custody in Seattle pending his eventual final sentence.
More content from msnbc.com and NBC News
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This is probably the first time the 9th Circuit Court has ruled for a heavier sentence.
coming from the ultra liberal 9th circuit, wow.
This is prob the 1st time the 9th circut has done ANYTHING right..
that court is full of loons and fruitcakes ( people out of their mind ) They are the most overturned district court in the country.
oh please, again saxon, you care about some minor court. I care about that our Supreme court doesn't happen to 'satisfy' anybody but our red-faced extremists.
Every conservative and liberal Supreme court judge is stupid. Look at what they say. But oh no, some foaming at the mouth, losing his mind extremist wants to tell me how one set of loser judges is better than the other. It's like arguing which side of your face you want to take a hatchet to.
Yeah, have to wonder what's up with the appeals court. Very interesting.
Just take this guy out and hang him. Sentence fulfilled.
If he had succeeded in killing people, we would be worrying about this and I am willing to be, he hasnt changed in his views other than what he is telling people so he can reduce his sentence.
Light sentences for Terrorists No big surprise as Washington is as left wing as it gets.. He did want to blow up the space needle but I guess that was not that important to the judge.
This is exactly why people which view themselves as soldiers in a paramilitary organization should be handled by military courts.
I guess you have not noticed that the military trials are handing down very small sentences?.....
The district court judge is off his rocker recommending a sentence that light. He is giving the guy less time than he would have received had he plead guilty when the evidence against him as shaky. No that he has been convicted based on much stronger evidence, he should definitely receive a longer sentence. I think that the government's 35 year request is reasonable. They are taking almost half off the mandatory minimum of 65 years under the guidelines in return for the limited cooperation this guy provided. Showing any further leniency is unreasonable and would seem to be against public policy in light of the sentencing guidelines. The fact that the extremely liberal 9th circuit finds the sentence too lenient should really tell you something about how far off this district court judge is with this sentence.
@Kevin: Yes, somehow radicals have decided that more convictions happen in military courts. Actually, more convictions happen in civilian courts. But SHHHH, that's like saying there's no Santa Claus to the red-faced radicals! Don't want to may them sad, you know...
Gotta love it.....Federal courts fighting with each other.
I cannot believe the Liberal 9th kicked it back for a higher sentence. This has to be history in the making.
Looks like the gridlock in the Senate has started to filter to other areas.
The whole government is fighting each other, noting new ....
If the original sentence was for 22 years then let it stand. Can't be tried for the same crime twice.
It isn't double jeopardy. He was only tried once. Now they are arguing over the sentence.
I agree with you on this.
Charleston, SC
This defendant has been very cooperative in the government's investigation into global terrorism. I strongly believe that the 22 year sentence is correct. If in the end, the judge, resentences him to a much harsher sentence it should be no more than thrity five years maximum. I believe with the right rehabilitation program including the criminon rehabilitation program he can become a truly productive citizen once again. I urge all respondents to read the "Way to Happiness Booklet" It works wonders in changing people's lives for the better.
Ten years later and STILL no sentence for this A hole? Our courts are a freakin' joke!
Somebody in our prisons should make sure this guy has an 'accident' while in prison. Slip and fall, and break his neck.
@ Max: Now there's a well reasoned & intelligent response. Are you wearing your Santorum button?
The Right, who often describe themselves as Constitutionalists would take this guy out and execute him without due process, or hang him as we saw suggested above. And of course these are the same types that fret over Sharia Law (which is little different than Biblical law).
Obviously this case is an anamoly. Therefore there are no dramatic conclusions to draw. But 22 years is surely not enough. Give him 30 years without parole and call it a day. He would then be in his mid to late 60's (if he survives that long in prison) on release. And maybe the world will have changed somewhat during that time.
For people who aim to kill others, there should be just one penalty: death - whether they have succeeded or not. Since obviously in this case the judicial system failed, it would be nice to accomplish justice in some other fashion.
And btw: I vote for Ron Paul
Just send him to ATX Florence.
He'll lose track of the years after 12 anyway locked up there.
Why does the author call it "bickering" for the Ninth Circuit to do its constitutional duty and reverse an incorrect decision? Because as an MSNBC journalist, he sympathizes with the hyper-liberal district court decision, even though it's wrong.
He is like a girl in junior high who says, "That's so immature." In other words, "You may be right, but it annoys me to hear you say so."
These are the not-so-subtle ways that MSNBC reveals its biases, no different at all from Fox News.
That is such complete BS on so many levels.
The only B.S. is that someone named the "Voice of Reason" replied with an insult and no reasoning.
"No reasoning" and yet you posted this claptrap? What is that ? A quote from Mean Girls? Get real! When I want to read some good hatespeech I will head for Fox and read the comments. Otherwise I stay out of that thought abyss.
The most liberal circuit court telling a liberal judge he is too liberal in his sentencing. You cant make this stuff up, LOL...................
You mean because they are not goosestepping with each other like the Right?
The guy is a threat to the U.S. He should never get out.
What all of you have missed is that there was an original sentence. It was adjusted by the first appeals court down to 22 years. That reduction was then reversed by the full appeals court. Again another appeals court cut it back to 22 years and now it is back to the full appeals court. In my opinion let him out after 22 years but make him live next to the appeals court judges that reduced his sentence. That way if he goes nuts again, maybe he will take out those appeals court judges or their families.
The feds recommend 35 years and say 30 should be the minimum. Judge Mary M. Schroeder then states that The 22-year sentence imposed was thus well within the range of alternatives proposed to the district court. Good Ol liberal math, LOL........
I'm OK with 22 years. Since when are guidelines anything other than guidelines?
22 years is long enough, it is about time America imposed civilized sentences.
How Attorneys earn money, keep the ball rolling back and forth. They get paid every time it bounces.
If the judge wants him sentenced to only 22 years, then it should be on the condition that when he is released he lives with the judges family for the next 22 years.
Typical judiciary in the us. The most overindulged self proclaimed lords over the people on the planet. I would not miss them on matters like this.
Because he's in the U.S. Military so they have jurisdiction over the local government. That's a necessary part of fighting wars in someone else's country. Otherwise, that country's government could get toppled by the enemy and every U.S. soldier in the country can get arrested, convicted, and executed. No, not a good idea in this situation.
Doesn't matter what his sentence will be. Because they're taking so long in arguing over his sentence, the guy can argue that he should get credit for the time he waited to start his sentence.
Terrorist or not, in America, EVERYONE facing trial here is guarenteed a fair trial and due process. Sometimes, doing what's fair will mean doing what everyone considers wrong. I hate playing Devil's Advocate, but just because he's a terrorist, that doesn't mean the rule book can be thrown out and anything goes with him. There's a reason we have procedures and laws to follow. Simply not applying those rules and procedures because the guy is a terrorist will just welcome chaos, since we might as well throw the rule book out for every murderer, rapists, robber, kidnapper, etc.
Again, doing what's fair will mean having to do what everyone else thinks is wrong.
Oh, hell just fry his butt and be done with it.
How can he be called the millennium bomber when his actions took place one full year before the millennium? In case you don't know, the millennium began January 1, 2001 (unless you were one of the stupid, uninformed people that celebrated it one year early).
Sounds like the 9th Circuit is getting tired of the libs that don't want to hurt the little psyche's of criminals.
I really wouldn't be at all surprised to see the District Judge re-impose 22 years. Or, to take a swipe at the Appeals Court and impose 23 years.
I'm sorry this story just makes me laugh.................Priceless.
Doesn't this sound like two 6 year olds fighting........Your stupid......no I'm not you are......No you are......un un your stupid etc. etc. etc..
We do not distinguish ourseves as a country by being especially vindictive and vengeful. We just confirm the opinions of those plotting against us that they are right. The guy is 44 and luckily was not able to kill anyone. When he has served 22 years he will be 66. I think that is time enough for what he did. Sorry, bloodsuckers. Suck it up and live with it.
22 years is too long. Lethal injection only takes about an hour.
He wanted to level LAX? that's a lot of Hispanics down there...
Why not a death sentence? why are my taxes being used to feed him tacos?
He forfeit his freedom when he came to America to kill us.
For them we aren't black, hispanics or white, mormons, jews or atheists.. we are all Infidels